25Transfer of surplus venues by Order in Council
(1)
This section applies if a racing code has made a reasonable attempt to negotiate the transfer of a surplus venue owned by a racing club (or clubs) to the code by agreement but—
(a)
the club (or clubs) has refused to enter into negotiations for the transfer; or
(b)
no agreement on the transfer has been reached.
(2)
The Governor-General may, by Order in Council made on the recommendation of the Minister,—
(a)
approve a proposal prepared by the racing code relating to the transfer of the surplus venue to the code (a transfer proposal), with or without modification; and
(b)
state the date on which the transfer takes effect (the transfer date).
(3)
A transfer proposal referred to in subsection (2) may be prepared by the code on its own initiative or at the request of the Minister.
(4)
The transfer proposal must—
(a)
state the names of the relevant racing code and racing club (or clubs); and
(b)
contain a description of the 1 or more surplus venues or identify a means by which, or a document in which, the surplus venues are described; and
(c)
state whether either or both of the following payments are warranted and should be made by the code following the transfer:
(i)
a payment to the relevant club (or clubs) to enable it to race at another venue:
(ii)
a payment to any person in recognition of a community interest in the surplus venue.
(5)
If the transfer proposal is approved under subsection (2),—
(a)
the surplus venue vests in the racing code on the transfer date, subject to any interests or encumbrances in existence on that date; and
(b)
the code must make any payment referred to in subsection (4)(c)(i) or (ii) that is warranted to be made.
(6)
The Governor-General may, by Order in Council made on the recommendation of the Minister, approve an amendment to a transfer proposal approved under subsection (2) and, if approved, the amendment takes effect on a date specified in the order (which may be the transfer date or any later date).
(7)
An Order in Council made under this section must identify the transfer proposal or amendment approved, but need not incorporate it in the order.